Kidnapping/Abduction - Definitions

Question 1

Unlawfully

Answer 1

Without lawful justification or excuse

Question 2

Taking away

Answer 2

The victim is physically removed from one place.

Question 3

Detains

Answer 3

Doing something to impose a constraint or restraint on the person detained.

Question 4

Without consent

Answer 4

Consent is a person conscious and voluntary agreement to something desired or proposed by another.

Question 5

With consent obtained by fraud

Answer 5

The offender may deceive the victim into agreeing to a proposition by misrepresenting the fact or their intentions.

Question 6

Without consent obtained by duress

Answer 6

A victim may give up to an offenders demand based on fear of the consequences if they refuse.

Question 7

Intent in abduction

Answer 7

Form of marriage, civil union and sexual connection appear only as matters of intent and it is not necessary to prove that they actually occurred or were even attempted.

Question 8

Proving intent

Answer 8

The onus is generally on the prosecution to prove an offenders intent beyond reasonable doubt.

Question 9

S2 CA 1961 - Sexual connection

Answer 9

-A part of the body of another person put into the genitalia or anus.
-An object put into the genitalia or anus.
-The mouth or tongue into the genitalia or anus.
-The continuation of connection.